Rear End Collision Settlements
Were you in a rear end collision car accident and feel entitled to a rear end collision settlement? If so, it is common to wonder what you should do next. You may also be wondering who is responsible for your accident damages and what a typical rear end crash is worth. Determining the value of rear end collision settlements is not always cut and dry, so read on to see what might be in your future after a rear end accident.
Rear End Collision Settlement Stats
Rear end collisions are among the most common types of auto accidents. For instance, in 2019, about 1.7 million rear-end collisions took place in the United States. Of these nearly two million accidents, about 1,700 people died and another 500,000 suffered injuries. Consequently, this makes rear end car accidents a top contributor to all highway accidents, injuries, and fatalities nationwide. However, even though rear end collisions make up around one-third of all accidents in the US, the outcome of each case will be different due to the specific details of the crash. Ultimately, the basis for your rear end collision settlement relies on many factors, including speed, distracted driving, and road conditions. All of these factors will play a role in the final rear end collision settlement amount.
What Causes Most Rear End Collisions?
The most common explanation for a rear end crash is the driver in the rear is driving too closely to the vehicle in front. Distractions also can lead to these accidents – most often, using a cell phone, talking to passengers, or adjusting the radio. Driver inattention is generally at the heart of most rear end collisions. Speed can also play a role in these situations, as it takes longer to apply the brakes the faster you are going. Inability to brake in time can result in a rear end collision.
There can be other factors, though. Poor weather conditions lead to many rear end accidents. A road that is slick with rain or snow or obscured by fog can cause many serious accidents. However, it is the responsibility of all drivers to drive safely. If a driver hits you from behind, he or she may be liable for your accident injuries.
What To Do After a Rear End Crash
After the accident, there are several vital steps to take right away to ensure a fair rear end collision settlement:
- Check for injuries: Even a low-speed, rear end crash can cause many injuries, like broken bones, facial lacerations, soft-tissue damage or whiplash. You should go to the hospital for a check, even if you think you are unhurt. Minor soreness right after a crash could turn into a severe injury after a few days. For that reason it is always safer to opt for an examination from a medical professional after an accident. You are more likely to receive compensation for your injuries if documented right away by a medical professional.
- Document property damage: Take pictures of your vehicle and the one that hit you. Also take photos of the road conditions as soon as possible after the crash. Take wide angle photos of the cars’ positions on the road before they move. Also take up close pictures of vehicle damage. If in doubt, photograph it.
- Obtain police report: No matter if the accident is minor or severe, your claim or lawsuit benefits from having a copy of the police report. If the other driver was negligent, it is likely noted in the police report.
- Contact insurance company: In the event of a rear end collision, it is important to give your insurance company all the information it needs as soon as possible. If you were rear ended by a semi truck or another commercial vehicle, make sure to get their commercial insurance information.
How Much Is Your Car Accident Settlement Worth?
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- How Much Is My Car Accident Settlement Worth?
Who Is At Fault in a Rear End Collision Accident?
In establishing who is at fault, state and federal laws, as well as insurance companies, will strongly favor the driver hit from the rear. Therefore, most rear end crashes are eventually blamed upon the driver in the back. This is because driving rules dictate that it is the responsibility of all drivers to follow from a safe distance. By ‘safe distance,’ we mean that the driver should be able to slow and stop in time to avoid hitting another vehicle or object. This applies regardless of why the car in front slowed or stopped.
That said, there are several factors that can reduce the level of rear driver liability:
- Unfavorable road conditions (icy, uncleared snow, potholes)
- Poor visibility due to weather conditions
- Missing or broken stop signs and stop lights
- Unsafe or unmarked work areas
Another factor to determine fault for rear end collision injuries is identifying any broken laws. For example, if a car makes a left turn at a red light into traffic and is then struck from behind by a car with right of way, the car in the rear may not be completely at fault. The driver in front also may be negligent. Additionally, other factors that can influence fault are whether the car in front had working brake lights or if the driver suddenly went into reverse without warning.
What Factors Determine a Rear End Collision Settlement Amount?
The easiest aspect of your claim to calculate is the economic damages. As the name implies, these are the things that have a direct financial impact on you and your family. Common examples include the following:
- Deductibles and other health insurance payments
- Cost of damages to your vehicle or other personal property
- Loss of income from missed days of work
- Late penalties and fees for missed bills
- Funeral expenses
- Estimates of future expenses related to injuries
Your attorney can work with your doctor to ensure you get all the documentation you need. If you do not yet have a lawyer, then be sure to save and safely store all receipts, invoices, medical records and other documentation related to the crash and its aftereffects.
Also known as “pain and suffering,” non-economic damages are a lot more difficult to estimate. One of the most common ways to calculate this amount is to add up all the economic damages and multiply the amount by a number ranging from one to five. The more severe the damages caused by the crash, the higher the multiplier used. Here are a few other factors that may lead to increased non-economic payments:
- Gross negligence on the part of the driver, the company that hired them, the manufacturer or the insurance company
- Loss of a loved one
- Development of permanent, life-changing disabilities
- Development of PTSD or other psychological problems
- Presence of dependents who relied on the support of the injured or deceased person
- Dash cam footage or consistent witness statements that make determining fault easy
Typical Factors In Determining Fault in Rear End Collision Settlements
Rear end collision settlement damages can vary from minor bumper damage with no injuries to a totaled vehicle with serious personal injuries, such as whiplash, back and neck injuries, head injuries, brain injuries, lacerations and other injuries. There are many factors that determine how much a rear end collision settlement may be worth, such as:
- Type of injuries sustained
- Severity of injuries
- If injuries incurred affect your daily living or ability to work
- Long term effects of injuries
- Pain and suffering in addition to your physical injuries
- Damage that occurred to your personal property (ie your vehicle)
- Medical expenses incurred as a result of the rear end collision
- Who was at fault for the car accident
- Usage of seatbelts
There is no precise calculation that will determine how much you will get in a rear end collision. Your personal injury attorney can help you to understand the types of settlements and judgments decided in your area in similar circumstances. Generally, however, remember that the more extensive your injuries and property damage, the higher the possible settlement. Below is a closer look at the key aspects of a rear end accident case that ultimately determine the level of compensation.
Your Liability as a Factor in a Rear End Collision Settlement
- Brake checking the driver in the rear by slamming on the brakes for no reason
- Suddenly reversing
- Driving with a flat tire or a mechanical problem
- Driving distracted and then slamming on the brakes too late to avoid an object or pedestrian in the road
- Failing to repair a broken brake light
Unless the accident involves one of those scenarios, it is most likely the tailing driver will be liable.
What will be the cost to repair your vehicle? Some damage is obvious, such as a crushed bumper. But not visible to the naked eye could be substantial damage to the frame of the vehicle. Therefore, it is smart to have your vehicle completely checked over by a mechanic after the rear end crash. You may also need to consider damage to items inside the vehicle, such as the cost to replace children’s car seats that were present or possibly in use at the time of the crash.
Medical and Related Expenses
There are many potential medical costs incurred due to a car accident. The at-fault party and/or their insurance company may be responsible to cover the following expenses and more:
- Ambulance ride
- Prescription drugs
- Hospital stay
- Doctor visits
- Physical therapy
- Physical and mental pain/suffering
The amount you may receive in a rear end car accident will vary tremendously. The idea behind compensation for your accident injuries is to ‘make you whole again.’ This means that the compensation received should be enough to put you in a place where you would have been if you had never been rear ended. What that amount would be will hinge upon your property damage, medical bills, time missed from work, pain and suffering and other factors. Getting rear ended on a motorcycle, for example, will often result in much more serious injuries and will usually mean a larger settlement.
Compensation for Rear End Collision Injuries
Determining liability in a rear end collision settlement will consider all the previously mentioned scenarios and others. The ability of the driver in front to receive rear end collision injuries compensation will depend upon many factors. In addition to compensation for physical injuries, drivers may also receive payment to cover pain and suffering. Pain and suffering after a rear end collision can include both physical and mental trauma caused from the accident. If any of your injuries prevent you from working or affect your daily routines and habits, you may be additionally compensated for that. An accident attorney can assist in analyzing specific accident factors to determine liability and potential compensation in your case.
What Injuries Can Happen From a Rear End Collision?
- Whiplash – The most common injury from a rear end collision is whiplash. Whiplash occurs when the head is rapidly jerked forwards and backwards. It may result in neck pain and stiffness. Always consult your doctor after whiplash occurs to determine the severity and necessary treatment. Whiplash settlements can vary widely depending on the grade of whiplash and severity of the injury.
- Broken or fractured bones – It is not uncommon for a driver who is rear ended to suffer from breaks to their wrists and arms. This is typically because they are gripping the steering wheel at the time of the impact. In high impact crashes, it is also possible to break leg bones or ribs.
- Back, neck, and spinal cord damage – Even at lower speeds, an impact can have a serious effect on your spine. A herniated disk occurs when the connective tissue between your vertebrae becomes damaged and moves out of place.
- Head and brain injuries – Concussions or broken facial bones may occur if your head strikes a part of your car. Brain injuries can also occur from the sudden movement of your head. These injuries are often serious.
- Soft tissue injury – Soft tissue injuries are damage of muscles, ligaments and tendons. This happens when your body is jolted by the force of the impact. The end result is sprains or contusions which can cause pain and swelling of the affected area.
- Airbag or seatbelt inflicted injury – Even though the purpose of airbags and seatbelts is to save lives, this doesn’t mean that these safety features won’t inflict damage. Seat belts can cause bruises and lacerations to the torso and neck. When an airbag deploys, it may cause burns, contusions, or breaks to your face.
- Death – Wrongful death of driver and/or passengers is an unfortunate reality of rear end collisions.
Rear End Collision Settlement Process
To receive compensation in a rear end collision settlement, the first step usually is to file a car accident claim with the at fault driver’s insurance company. It is possible that the claim will need to be litigated in court, but most rear end collision settlements end up settling out of court. Going to court is expensive and can take weeks to years to settle depending on the severity and complexity of the case. Filing auto accident lawsuits and taking cases to court is usually not necessary in a rear end collision settlement. Negligence in these accidents is generally clear.
Most rear end crashes are resolved and compensated without a lawsuit ever filed as part of a car accident settlement. This occurs during early settlement negotiations. If this happens, it generally means the following:
- Accident injuries are minor and probably will not get worse over time
- You did not have any pre-existing injuries that the accident made worse
- The driver who hit you was purely at fault
- The at fault driver had insurance at the time of the crash
In such cases, there is little to argue about in court. That will become clear in the first month or two, which is when a settlement is most likely. This means the insurance company who represents the liable driver will write a settlement check to you.
What To Expect From the Insurance Company
Typically, the insurance company for the at-fault driver make a rear end collision settlement offer to the party who has been injured. The initial offer from the insurance company may be inadequate, so be ready to negotiate by proving how much your damages are, including lost income. If the accident involves substantial medical bills and pain and suffering, it would be wise to enlist the help of an attorney at this point.
A car accident attorney will be invaluable in the investigation process, as the details of the accident are collected and reviewed. At this point, your lawyer may file a lawsuit on your behalf against the insurance company or the at-fault driver if they were uninsured at the time of the crash. If you yourself were not insured or did not have uninsured motorist coverage, it is a good idea to enlist the help of a car accident lawyer to get you compensation for the rear end collision.
When Will I Receive Compensation From a Rear End Collision Settlement Offer?
After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. For cases with minor crashes and minor damages, cases typically take 30 to 90 days. If your case goes to court, it could take years for a settlement to be reached. After signing the release for a rear-end collision, your car accident attorney will return the signed copy to the insurance adjuster. It will be reviewed and a check will be sent back to your attorney within weeks. After your attorney has taken their portion of fees from the settlement check, you should receive it within 2 to 6 weeks.
What Determines the Final Compensation?
There are several different factors that contribute to the final settlement value you are awarded. This payout can range anywhere from just a few thousand to several million dollars. Here are some of the factors affecting compensation when looking at rear-end collision settlement examples:
- Vehicles: If the vehicle rear-ended is much smaller than the following vehicle, this can cause more severe damages. Semi-truck settlements where a trucker rear-ends a smaller car is an extreme example of high costs associated with this.
- Negligence: If the rear-end collision was a result of negligence and led to serious damages and injuries, courts tend to be more likely to award higher non-economic damages.
- Parties: When a company is liable, judges often tend to mete out harsher punishments. These cases most often involve gross negligence.
- Speed: Even small vehicles can cause serious damages to larger ones if the driver is speeding. Speeding is also often tied to negligence, which may increase payouts.
- Injuries: The more severe a person’s injuries, the higher the likelihood of obtaining bigger payouts. This is true even when the result is death.
What’s the Average Rear End Collision Settlement Amount?
Because of the multitude of factors that go into a rear end collision settlement, and the different ways injuries can happen and fault can be allocated, there is a very wide range of settlement amounts for rear end car accidents. Below are some actual settlement examples, which will illustrate an important point… the average settlement for a rear end car accident is going to be the result of a bunch of smaller settlements and a few huge settlement amounts added together. As a result, it’ll look like the average settlement for a rear end car accident is in the range of $20,000 to $30,000, when in reality it’s probably closer to $10,000 or $15,000 but is being skewed by a few 6 and 7 figure rear end collision settlements.
Simply put, there is no average rear end settlement amount that can be provided in the case of a rear end collision. There are many factors involved, but it is also important to consider the insurance companies and policies that come into play. The best way to get a general idea of how much you may be able to expect from a payout would be to speak with an accident attorney who can go over the specifics of your case with you.
Rear End Collision Settlement Amount Examples
Below are a few real life rear end collision settlement examples. These can give you an idea of what your car accident settlement might look like. Keep in mind, all car accidents are different, every state has different laws and insurance requirements, and as a result, only an auto accident attorney in your state can give you a true accurate idea of what your rear end collision settlement may be. Most offer free consultations and will give you a case evaluation to see how much your settlement might be.
- $400,000 Rear End Collision Settlement: Husband and wife were in a rear end collision. The husband had a herniated disk while the wife suffered whiplash. But the at-fault driver’s insurance company initially refused to compensate the medical expenses. Following a demand letter and extensive mediation, a settlement was awarded to the couple to cover medical expenses, property damage, lost wages, and pain and suffering.
- $120,000 Rear End Collision Settlement: Client was involved in a multi-car accident where she was hit from the rear by a drunk driver. The client suffered from a serious lower back injury that required surgery, therapy and caused long term pain and suffering.
- $90,000 Rear End Collision Settlement: Client was rear ended by a pickup truck. This broke her driver’s seat and led to a rotator cuff injury. She was compensated for property damage, medical expenses, lost wages, and pain and suffering.
- $25,000 Rear End Collision Settlement: Client was rear ended at a stop sign. While damage at the scene was minor, he awoke the next day with serious neck and low back pain. He suffered from multiple herniated disks. His medical bills, including extensive physical therapy, was paid for by the at-fault driver’s insurance company.
- $75,000 Rear End Collision Settlement: A vehicle failed to stop at the intersection of a major highway and rear-ended a woman at the stoplight. The woman suffered neck and back pain and went to the emergency room. She underwent surgery to fix herniated disks. The woman sued the driver, but he did not respond to the lawsuit. She then sued her insurance company based on uninsured motorist coverage.
I Was Rear Ended, Should I Get a Lawyer?
This article should give you a good overview of what to do in the case of rear end collision injuries. If you have any further questions, it is recommended to speak with a car accident lawyer. They will be able to review your case – including your medical records and police report – to determine if there is the possibility of making a personal injury claim. Lawsuit Info Center can help you receive the rear end collision injury compensation you deserve.
Rear-end collision settlements are the most common types of accident claims. The amount of money and types of damages that occur during a rear-end collision can differ immensely. An average settlement for a rear-end collision is hard to place an exact number due to the various factors that go in to determining how much compensation should be owed. A settlement is hard to configure due to both palpable and impalpable expenses. Costs such as medical expenses and wages lost are easily calculated, however, determining how much pain and suffering is worth is a little more challenging. Other expenses to incorporate into a settlement, which may affect how much money you will get if you’re ever rear ended include:
- Insurance costs
- Medical expenses
- Loss of income
- Legal fees
- Property damage
- Quality of life
There is no exact number to be given because each rear end collision is different. Totaling up these damages and configuring how much money a victim may get will increase due to the severity of the accident. But generally an easy way to get some idea of estimating how much money you will get is to multiply direct expenses by 1.5 – 4. If your direct property damages were $1,000 your settlement estimation would be some area between $2,500 and $5,000.
Some example of rear end collision settlements include:
- Rear-end victim suffered from neck injuries later requiring surgery. Settlement amount was $537,500 and $58,158 in Workers Compensation benefits.
- A couple was rear-ended and pushed into oncoming traffic suffering abdominal and spinal injuries. Their settlement amount was $2,331,075.
- Woman rear-ended by a sanitation truck suffering multiple injuries and a total of six surgeries. Settlement amount was $4 million.
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